Loco Parentis Case Study

Ms. Colson is likely to be classified as in loco parentis and therefore, is likely to have a complete defense of parental privilege. To use parental privilege as a complete defense to battery, when the accused does not have legal authority to so, the accused must be classified as in loco parentis. Marriage of Snow v. England, 862 N.E.2D 664, 666 (Ind. 2007).

In loco parentis means “in the place of a parent” and is a doctrine refers to a person who, without formal legal adoption, voluntarily assumes and discharges parental duties as a lawful parent. (quoting black law dictionary) Marriage of Snow, 862 N.E.2D at 666; McReynolds v. State, 973 N.E. 2d. 1153 (Ind. Ct. App. 2009). In loco parentis is voluntary and “generally may be terminated at

Hunt, 973 N.E.2d at 1. In Hunt, Hunt was dating Reynolds, who lived with her three children, for four and a half months. Id. at 1. Reynolds disciplined her children by spanking them lightly and allowed Hunt to do the same. Id. Reynolds took her child J.M. to the hospital because of bruising on J.M. body as a result of Hunt’s conduct. Id. at 2. The court held that the trial court did not err by omitting the jury instruction to classify Hunt as in loco parentis. Id. at 5. The court reasoned that because several people assisted Reynolds with her children, the children were enrolled in daycare, and the relationship was brief, Hunt is classified as an “occasional babysitter”. Id. at

Colson will be able to use parental privilege as a defense. Unlike in Hunt and McReynolds where the accused were briefly in the child’s like, in this case, Ms. Colson has been living with her significant other, Ms. McCoy and her children, Brandy and Michael, for six years. Hunt, 973 N.E.2d. at 1; McReynolds, 973 N.E. 2d at 1154. Ms. Colson and Ms. McCoy treat their committed relationship as a marriage, this includes but is not limited to sharing household responsibilities and parental duties. Therefore, because Ms. Colson is not the “occasional babysitter” rather a parental figure, she is likely to have parental privilege. McReynolds, 973 N.E. 2d at 1154. However, like in Snow, where England, who was not the natural parent of J.H. classified as in loco parentis because of his voluntary parental obligation to J.H., here, Ms. Colson, also not the natural parent, voluntarily agreed to share the parental obligation to Ms. McCoy’s children. Marriage of Snow, 862 N.E.2D at 666. Therefore, because Ms. Colson can be classified as in loco parentis, she may use parental privilege as a complete defense. In this case, Ms. Colson gripped Bradley arm while she was trying to leave, leaving a handprint and bruises. Accordingly, Ms. Colson either knowingly or intentionally, just as the accused in Hunt and McReynolds, touched someone who is less than fourteen years old in a rude, insolating or in an angry manner. Hunt, 973 N.E.2d. at 3; McReynolds, 973 N.E. 2d at 1152. Therefore, Ms.